Kapur, J. - (1.) This is a plaintiff's application praying that this Court should proceed with the trial from the stage that it was at on 11-5-1953.
(2.) The original suit -- 'Din Dayal v. Union of India' was pending in the Court of Mr. Sewa Singh, Subordinate Judge 1st Class, Karnal, and by my order dated 29-121952, I transferred it to the Court of the Senior Subordinate Judge for trial. Subsequently on 11-5-1953 I passed the following order withdrawing the case from the Court of the Senior Subordinate Judge to be tried in the extraordinary jurisdiction of this Court-- "In my opinion this case is of some importance and I therefore order that the original suit Din Dayal v. The Union of India and another be withdrawn from the Senior Subordinate Judge's Court and be tried in the Extraordinary Original Jurisdiction of this Court. As soon as the record is received papers will be submitted to me Hon'ble Chief Justice for its being sent to a learned Single Judge." Unfortunately due to something that happened in this office, the order was not sent to the trial Court till 6-6-1953 and meanwhile on 18-5-1953 the suit of the plaintiff was dismissed.
(3.) Mr. Amar Nath Grover submits that as soon as the order of this Court withdrawing the case from the file of the Senior Subordinate Judge was passed the Karnal Judge no longer had any jurisdiction to go on with the case and therefore any judgment or order passed after the order of this Court, i.e., after 11-5-1953 is without jurisdiction. This submission is, in my opinion, well founded. There are two provisions by which the High Court can withdraw a case pending in a Subordinate Judge's Court to itself. One is Section 24, Civil P. C. by which the High Court on its own motion without notice to any party may at any stage withdraw any suit etc., the other is para. 9 of the Letters Patent which provides: "And we do further ordain that the High Court oE Judicature at Lahore shall have power to remove, and to try and determine, as a Court of extraordinary original jurisdiction, any suit being or falling within the jurisdiction of any Court subject to its superintendence when the said High Court may think proper to do so. either on the agreement of the parties to that effect or for purposes of justice, the reasons for so doing being recorded on the proceedings of the said High Court." In Section 24 the word used is 'withdraw' and in para. 9 of the Letters Patent the word used is 'remove'. Now both these are strong words and Mr. Grover submits that as soon as an order is passed for withdrawing the case from the Court of a Subordinate Judge or for removing it for being tried in the High Court as a Court of extraordinary original jurisdiction the order becomes operative automatically and puts an end to the jurisdiction of the Court where the case Is pending.;